Possession of Drug Paraphernalia

A person commits a criminal offense when he or she uses drug paraphernalia or possesses drug paraphernalia with the intent to use the drug paraphernalia. Possession of drug paraphernalia is the knowing or intentional use or possession with the intent to use the drug paraphernalia. Drug paraphernalia is defined as any product or material that is used or is intended to be used in growing, harvesting, manufacturing, producing, processing, preparing, packaging, storing, or concealing a controlled substance. Drug paraphernalia is also defined as any product or material that is used or is intended to be used in injecting, ingesting, or inhaling a controlled substance.

Whether a product or a material constitutes drug paraphernalia depends upon various factors such as a person's statement about the use of the product or material, whether there is any controlled substance residue on the product or material, whether there are any instructions or descriptions of the product or material, and the manner in which the product or the material is sold.

If a product or a material has an otherwise lawful use, the product or material must be directly connected with the use of a controlled substance in order to be considered drug paraphernalia.

Drug paraphernalia may include products or materials that are used to inhale or to ingest chemicals, glues, or aerosol paints. These products or materials include any can, tube, bag, or other container, which is used to inhale or to ingest the chemicals, the glues, or the aerosol paints. The fact that the product or material is a manufacturer's original container is not relevant. Whether the original container or any other container is used to inhale or to ingest the chemicals, the glues, or the aerosol paints is determinative of whether the container constitutes drug paraphernalia.

A person also commits a criminal offense when he or she delivers or possesses with the intent to deliver drug paraphernalia to someone who intends to violate laws regarding controlled substances. The classification and the punishment for the offense depend upon the age of the person to whom the drug paraphernalia is delivered. Although possession of drug paraphernalia is normally a misdemeanor, the offense may become a felony if the person to whom the drug paraphernalia is delivered is a minor.

Copyright 2014 LexisNexis, a division of Reed Elsevier Inc.

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